Smith v. City of St. Joseph
Supreme Court of Missouri
flppeal from Fifth District Court. Plaintiffs knew the street mentioned in tbe petition was dangerous when they entered upon it. They had no right to proceed! and take their chances, and, if they were' actually injured, look, to the city for indemnity. (Hartón v. Inhabitants of Ipswich, 12. Cush. 492; Willson and Wife v. City of Charleston, 8 Allen,. 188 ; 3 Allen, 21; Fox v. Town of Grlastenburg, 29 Cow. 205;; 50 Maine, 222 ; 51 Maine, 127.)
1Opinion of the CourtWagner, Judge
Action brought in the Circuit Court of Buchanan eounty tG recover damages against the city of St. Joseph for injuries sustained by Mrs. Smith, one of the plaintiffs, in consequence .of falling down an embankment in one of the streets of the city, and which is alleged to have been negligently left in an exposed *450and dangerous condition. Defendant, in its answer, avers that at tbe time tbe accident occurred, tbe plaintiff was well aware of the dangerous condition of tbe street, and that there were other streets that she might have traveled in returning from church to her house with safety, and…
2Cases cited1 opinion
- Blake v. City of St. LouisSupreme Court of Missouri · 1867
3Cited by50 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
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